I have a 5 year old little boy. My soon-to-be husband would like to adopt him after we're married. My son has lived with this man and known him as his father for over 2 years and his biological father is in prison for the next 5 years. He also hasn't pursued a relationship or paid child support in years. I've tried reasoning with my son's biological father but uses him as a way to stay in touch with me; therefore, he will NOT willingly give up those rights. I was never married to my son's biological father.
"If an acknowledged, adjudicated, presumed, or putative birth parent or parent by adoption of a child refuses to consent to the adoption of a child by the spouse of the other birth parent or parent by adoption of the child, the court shall determine whether consent to the adoption is withheld contrary to the best interests of the child."
See Va. Code § 63.2-1241. Adoption of child by spouse of birth or adoptive parent.
Yes. If the court finds their termination to be in the child's best interest.
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Each Mr. Miller is correct. An additional wrinkle is that if the parent has not had contact with the child for the six months immediately preceding the date the Petition is filed and there is no good cause for no contact, then consent is not required. This does not take away the need to notify the father of the adoption proceeding. Additionally, because the father is in prison, he is not legally competent and the court will likely need to appoint a Guardian ad litem to represent the father's interests. I recommend you contact an attorney experienced in adoption who can provide specific advice for your situation.
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